Overview of the Draft

Final Agreement on
the creation of the
Nunavik Regional Government

The Draft Final Agreement

The substance of the Final Agreement and the Agreement-in-Principle which was
signed three years ago is very similar. Anyone reading the two documents will find that
they address the same matters and provide for the same outcome. The various sections
of the Final Agreement have been reorganized for better presentation, and there is a
little more precision in some of its provisions, especially those concerning financing and
transitional measures.

The big difference between the two documents is that once ratified and signed by the
three parties (Makivik, Quebec, and Canada), the Final Agreement will be a legally
binding document. The Final Agreement will actually set in motion the activities required
to bring the Nunavik Regional Government into existence. By comparison, the
Agreement-in-Principle was not legally binding.

Building on the existing institutions

In both the Agreement-in-Principle and the Final Agreement, the amalgamation of the
three major public institutions operating in Nunavik was accepted as the best approach
for developing a new form of government for the region. In fact the structures, powers,
and resources of these institutions would provide the basis for the Nunavik Regional
Government.

It is therefore worth reviewing the nature and origin of these three institutions, namely,
the Kativik Regional Government (KRG), the region’s supra municipal government, the
Kativik School Board (KSB), and the Nunavik Regional Board of Health and Social
Services (NRBHSS).

The KRG, KSB, and NRBHSS, or their predecessors, have been in existence for
approximately three decades , and they trace their origin to provisions of the James Bay
and Northern Quebec Agreement (JBNQA), the country’s first modern land claim
agreement. These institutions are largely the result of an Inuit decision to negotiate the
establishment of public institutions as a means of participating in the decision making
process affecting their lives and the region north of the 55th parallel.

The KRG, KSB, and NRBHSS hold very important mandates in their respective fields of
activity and responsibility, and they exercise their jurisdiction throughout all of Nunavik.
Despite occasional growing pains, these organizations, or their predecessors, have
successful track records going back 30 years or more. The KRG, KSB, and NRBHSS
are non-ethnic in nature, and open to the full participation of Inuit and non-Inuit
residents of Nunavik. In accordance with the terms of the JBNQA, these public
institutions were created through legislation adopted by the Quebec National Assembly.

The Nunavik Regional Government would very much be the product of the
amalgamation of the KRG, KSB, and NRBHSS. By building on these institutions, the
creation of the Nunavik Regional Government would not represent an abrupt change in
the course of the development of governmental institutions in Nunavik. Rather, it would
be an evolution of what began over 30 years ago with the establishment of public
institutions in Nunavik. In this context, the creation of the Nunavik Regional Government
can be described as replacing some existing structures with a unifying governmental
structure.

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At the same, it is important to realize that the Nunavik Regional Government will not be
an end in itself. It too will be an institution that will evolve to meet changing
circumstances and future needs. The Final Agreement already anticipates this with a
provision that indicates that the Parties will seek authorities to begin be second phase of
negotiations on providing the NRG will additional powers.

________________________________________________________

Summary of the
Final Agreement
on the Creation of the
Nunavik Regional Government
_______________________________________________________

Part I
This part sets out a number of overall statements about the Final Agreement and its
objectives, and has some legal provisions for its interpretation.

Objectives of the Final Agreement

Part I indicates that the objective of the Final Agreement is to bring about the creation of
the Nunavik Regional Government (NRG) for all of Nunavik’s residents through two
phases. The first phase will see the amalgamation of existing public institutions into a
unified entity which would be the Nunavik Regional Government. The second phase
foresees another round of negotiation to provide new powers for NRG.

Overriding Principles

Part I also contains the overriding principles for the Final Agreement. For the most part,
these are taken directly from the Framework Agreement and the Agreement-in-Principle
which were signed in 2003 and 2007 respectively.

These principles state that, as is currently the case with the organizations that would be
amalgamated, the NRG would be non-ethnic in nature, open to the participation of all
residents of Nunavik, and subject to Quebec and federal charters of rights. The creation
of the Nunavik Regional Government would be made possible through amendments to
the JBNQA, and as is the case with KRG, KSB, and NRBHSS, it would be created
under provincial jurisdiction by legislation adopted by the Quebec National Assembly.
Moreover, the languages used in the NRG would be in keeping with the existing laws,
legal rights and obligations that are currently applicable to KRG, KSB, and NRBHSS.

Other overriding principles provide, for example, that the NRG would comply with
transparency rules and accountability principles, that it would maintain and strive to
improve the quality and level of public services in the region, and that the creation of the
new government would not prejudice the rights of the Inuit, Cree or Naskapi as set out
in their land claim agreements.

The overriding principles make it clear that the NRG would be accountable to the
residents of Nunavik. They also include a provision which stipulates that nothing in the
Final Agreement would prejudice the legal status, rights, or obligations of Makivik, the
organization responsible for promoting and protecting the rights and interests of Inuit
under the James Bay and Northern Quebec Agreement.

Definitions

A “Definitions” section is found at the beginning of Part I . These are intended to give
some legal precision to some of the words that are used in the agreement. Most of the
definition state the obvious and are a standard part of legal documents. However, one
of the key definitions concerns the “amalgamation date”. It is defined as the date that
would be identified in Quebec legislation when the KRG, KSB, and NRBHSS would

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cease to exist and the NRG would come into being. The “amalgamation date” would
trigger a number of important events and appear in several places in the Final
Agreement.

Part II
This is the largest and one of the more important parts of the Final Agreement. It
describes the function and new structure that would be put in place for the Nunavik
Regional Government.

The creation of the Nunavik Regional Government

This part makes it clear that the Nunavik Regional Government would assume all the
powers, functions, responsibilities, resources, and assets of KRG, KSB, and NRBHSS,
and that the ordinances, by-laws, and regulations of these organization would generally
remain in effect until the NRG decides otherwise, or unless modified by the transition
process. The NRG would be subject to the same laws, legal rights, and obligations
applicable to the KRG, KSB, and NRBHSS.

Part II states that certain bodies such as the Northern Villages, Hospital Corporations,
and Education Committees would retain their existing status and rights, but it also
explains how the relationships these bodies had with KRG, KSB, or NRBHSS would be
transferred to the NRG.

The Nunavik Assembly

This part of the Final Agreement describes the basic structure and operations of the
elected assembly, which is the body that would replace the Boards and Councils of the
KRG, KSB, and NRBHSS.

The Nunavik Assembly would be composed of 20 members. Each community in

Nunavik would elect a representative to this body. The Assembly would also include five
members elected at large by voters in all the Nunavik communities, and one of these
five representatives would be elected specifically as the Leader of the Nunavik Regional
Government. In keeping with the fact that Naskapi currently have a seat on the KRG
Council, they would have a representative in the new Nunavik Assembly.

Each member of the Nunavik Assembly would have one vote, and those representing
communities with over 2000 residents would have a second vote. This is modeled after
the system that currently exists with the KRG. The Nunavik Assembly would sit for at
least four sessions every year, and the first sitting would take place within one month
following the “amalgamation date”.

The Nunavik Assembly would have the power to establish permanent or temporary
committees to deal with, or examine various issues.

The Executive Council

The Executive Council would replace the Executive Committees of the KRG, KSB, and
NRBHSS. The five representatives elected at large to the Nunavik Assembly, including
the Leader of the Government, would fill the positions on the Executive Council. These
people would be responsible for overseeing the day-to-day activities and operations of
the various departments of the NRG. These would be full-time positions within the
Nunavik Regional Government. It would be up to the Leader of the Government to
assign specific responsibilities to each member of the Executive Council, and this
allocation of responsibilities would be submitted to the Nunavik Assembly for approval.

Individuals holding positions on the Executive Council would be full members of the
Nunavik Assembly, and would be entitled to introduce business, respond to questions,
and participate in debates in the assembly.

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Administration & Departments

Part II of the Final Agreement also describes the initial administrative design and
departments that would be put in place for the Nunavik Regional Government.

Essentially, the administrative structure which currently comes under the KRG would
generally remain intact and become the Department of Local and Regional Affairs under
the Nunavik Regional Government. The same would be true for most of the structure
and operations of the KSB, which would become the Nunavik Regional Government’s
Department of Education. Likewise, and the administration and activities of the
NRBHSS would become the Department of Health and Social Services.

Although the administrative structures and functions of KRG, KSB, and NRBHSS would
largely remain intact as departments of the Nunavik Regional Government, there would
be an exception. Certain administrative activities which are common to these
organizations, supportive in nature, and not related to a specific field of activity, would
be regrouped into a new unit which would be known as the Department of Central
Administration and Finances. Payroll, bookkeeping, and maintenance are examples of
the general type of functions that would be handled by this department.

In addition to the four departments described above, there would also be a Secretariat
General. It would be the core of the administrative governance of the Nunavik Regional
Government, and its main function would be to provide support for the Executive
Council and to play a co-ordinating role among the different departments of the NRG.
There would also be a Budget and Resource Management Policy Secretariat that would
be responsible for the NRG overall budget and expenditure control processes.

The NRG would inherit the staff from the organizations that would be amalgamated.
Although it would facilitate staff mobility between its administrative units, it would be
bound by union accreditation and collective agreements that are in force at the time of
the “amalgamation date”. New positions created within the NRG would first be offered to
employees of KSB, KRG, and NRBHSS, but no one would be obligated to fill these
positions. The Nunavik Regional Government would also be bound by programs and
laws on pay equity. Working conditions of employees in the NRG’s education and health
departments would be governed by relevant Quebec laws applicable to public and
parapublic sectors or the health and social service agencies, as the case may be.

Elections

General elections for the Nunavik Assembly and Executive Council would take place
every three years on the first Wednesday of November. In order to be ready to assume
their responsibilities the day the NRG comes into existence, the initial election of the
Assembly would take place shortly before the “amalgamation date”.

The Final Agreement sets out a number of detailed rules for the election of the Nunavik
Assembly and Executive Council. Many of these were developed in consultation with
the Director General of Quebec Elections. Moreover, the Director General of Quebec
Elections would provide advice and support to those organizing the initial election of the
Nunavik Assembly.

Individuals who are normally eligible to vote in Quebec elections, are at least 18 years
old , are domiciled in Nunavik for at least one year would be able to vote in the election
for NRG. Additionally, candidates in the election of the Nunavik Assembly and
Executive Council would have to be domiciled in Nunavik for at least 3 years.

Budget and financial matters

The Final Agreement states that NRG’s fiscal year would be from April 1 to March 31,
and that it would assume financial responsibilities and undertakings of KRG, KSB, and
NRBHSS relating to such things as budgets, surpluses, deficits, audits, loans, contracts
and liabilities. The NRG would generally have to adopt balanced budgets, unless
authorized to do otherwise by the relevant Quebec Minister. It would be able to use any
surplus as reserve funds for future needs. There are also provisions on how the NRG
would make loans, award contracts, and be audited.

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Advisory Councils & Advisory Bodies

The Nunavik Assembly would have to establish the following bodies, and maintain them
for at least three years after the “amalgamation date”:

• Advisory Council on Education;

• Advisory Council on Elders;

• Advisory Council on Health and Social Services;

• Advisory Council on municipal affairs.

The Nunavik Assembly would be responsible for appointing members to the Advisory
Councils and for determining their mandate, structure, and procedures. In addition to
the Advisory Councils, the Assembly would be able to consult Nunavik organizations
and associations as special advisory bodies.

Bilateral Committee & the Naskapi Nation of Kawachikamach

A Bilateral Committee would be established as part of the NRG to consider certain

matters relating to the Naskapi Sector north of the 55th parallel. It would be composed of
3 members from the NRG, 3 members from the Naskapi Nation, and a Chair appointed
by Quebec. The Bilateral Committee would have 60 days to consider any decision
affecting the Naskapi Sector and to submit recommendations regarding the decision.

Relations with Governments, Makivik & others

Part II of the Agreement indicates that NRG would maintain a relationship with various
Quebec ministers related to matters coming under its jurisdiction, and that there would
also be a Quebec minister responsible for the province’s overall relationship with the
NRG. The NRG would maintain an ongoing and evolving relationship with Makivik and
Canada.

The relationship with the Cree Nation would be governed by the need to consult its
organizations before changes are made to NRG which could affect Cree Category II
land north of the 55th parallel, and on the terms of any supplementary agreement to
provide the NRG with new powers. The NRG would also be able to enter into
discussions with First Nations and Inuit in neighbouring regions on matters of common
interest.

The Transition Committee

Although it would be short-lived, the Transition Committee would be one of the more
important bodies that would be established under the Final Agreement. This committee
would have the legal power to ensure that everything is ready and operational the day
the NRG comes into existence, and to ensure the orderly amalgamation of the KRG,
KSB, and NRBHSS. In order to carry out its mandate, the Transition Committee would
also have the power to make some short term decisions on behalf of the NRG. For
example, it would prepare the initial budget of NRG for its first year of operation.

The Transition Committee would be established through Quebec legislation some time
before the creation of the NRG, and it would cease to exist on the “amalgamation date”.
The committee members would include individuals with direct knowledge and
experience in the operations of KRG, KSB, and NRBHSS.

Phase Two

The provisions concerning Phase Two are significant because they indicate that as
soon as possible after the “amalgamation date”, the parties to the Final Agreement
would seek to obtain authorities to begin negotiations on a supplementary agreement
which could provide the NRG with new powers. Except for some financing provisions,
the Final Agreement does not limit the scope or subject matters for these future
negotiations. Since the Nunavik Regional Government would exist at that time, it would
be a party to these negotiations jointly with Makivik.

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 Part III
Financing

Part III of the Final Agreement addresses how the NRG would be funded. Essentially, it
states that all funding and resources provided to the KRG, KSB, and NRBHSS would go
to the Nunavik Regional Government. It also indicates that financial transfers from
Canada to Quebec for education and housing in Nunavik would continue in accordance
with current practices.

Part III also outlines how funds would generally be used within the Nunavik Regional
Government. With the exception of resources to be used to support certain centralized
functions, funding associated with KRG would mainly be used to finance the Nunavik
Department of Local and Regional Affairs, monies associated with KSB would be
primarily directed to the Nunavik Department of Education, and finances for the
NRBHSS would generally flow to the Nunavik Department of Health and Social
Services.

The Final Agreement indicates that no later than three years after the “amalgamation
date”, NRG, Quebec, and Canada would conduct a review of funding regimes with the
objective of working cooperatively to develop new funding arrangements that would be
suited to the NRG. Where appropriate, these arrangements would include block funding
agreements for recurrent programs and services. Afterward, a review of funding
regimes would take place every five years.

Along with the signing of the Final Agreement, the parties would conclude a Fiscal
Financing Agreement which would set out the level and mechanisms of the new
governance funding of the NRG that is over and above the funding provided to KRG,
KSB, and NRBHSS at the time of amalgamation.

The Final Agreement also indicates that Quebec, Canada and the NRG would each
have a role in supporting the governance of the NRG through direct or indirect financial
support. Own source revenue arrangements would not apply to federal or provincial
funding for programs and services; arrangements for own source revenue contributions
by NRG would only apply to new governance funding.

Part IV
Implementation

There would be an implementation plan that would accompany the Final Agreement, but
it would not form part of it. The plan would be a legally binding contract that would set
out the activities, responsibilities, and time frame for the implementation of the Final
Agreement. There would also be an Implementation Committee composed of three
members, with Canada, Makivik and Quebec each appointing one person. This
Committee would monitor the implementation of the Final Agreement, discuss
implementation issues, and carry out reviews of the implementation process. The first
review would take place no later than 3 years after the “amalgamation date”.

Part V
This is the last part of the Final Agreement and it deals with the ratification process, the
coming into force of the agreement, amendments, and a dispute resolution mechanism.

Ratification

Part V explains that the Final Agreement would only be signed after it has been ratified
by the residents of Nunavik in a referendum, and by the Governments of Quebec and
Canada through their respective approval processes.

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This part of the agreement also provides a number of detailed rules for the referendum
that will be held in Nunavik. Essentially, every person who is at least 18 years old, a
Canadian Citizen, and has been domiciled in Nunavik for a year or more, and normally
eligible to vote under electoral laws, will be able to vote in the referendum. In addition,
measures will be taken to allow eligible beneficiaries of the JBNQA living outside the
territory to vote in the referendum.

The Final Agreement states that the referendum question will be: “Do you approve the
Final Agreement on the creation of the Nunavik Regional Government?”

Coming into Force & amendments

This Final Agreement would come into force upon its signing by the parties, and it may
be amended with the written consent of the parties

Dispute resolution mechanism

Part V also has provisions which indicate that the parties to the agreement and the NRG
would attempt to avoid going to court over disputes concerning the Final Agreement. As
a result, the agreement provides for a dispute resolution mechanism. Basically, the
dispute resolution mechanism states that parties would first try to resolve their dispute
through informal discussions, and if this fails, they would refer the dispute to an
independent and impartial third party for mediation. If the parties agree, they could
submit the dispute for arbitration.